How to Navigate a Personal Injury Lawsuit as an Undocumented Immigrant

Posted on 06/14/23

Navigate a Personal Injury Lawsuit as an Undocumented Immigrant

If you’re an immigrant who’s been hurt in an accident, you may wonder if you have any right to sue the person responsible. Many immigrants shy away from filing a personal injury lawsuit because they fear it will affect their immigration status. This is especially true if you’re an undocumented immigrant who doesn’t reside in the country legally.

Even if you’re undocumented, though, you still have rights. Learn what to expect as an immigrant filing a personal injury lawsuit in Connecticut.

Many Immigrants Work in Dangerous Jobs That Can Lead to Serious Accidents

Many Connecticut immigrants work for factories, restaurants, farms, and other places where severe injuries can occur. For instance, people who work around dangerous machinery can become trapped in the machines, causing them to lose an arm or leg. Alternatively, immigrants employed as delivery drivers may suffer from car accidents.

Workers’ compensation pays for your medical bills if you’re hurt on the job, and you can file for benefits even if you’re an undocumented immigrant. Immigrants have the same rights to compensation as U.S. citizens do. 

You can’t sue your employer if they offer workers’ comp, but you can sue a third party if they contributed to your injury. Reach out to an attorney to get assistance with your personal injury claim.

How Your Immigration Status Affects Your Case

Immigrants tend to avoid personal injury cases because they think the government will deport them for filing a claim. But federal law says that the government can’t deport you just because you’ve filed a personal injury lawsuit.

Your immigration status may make your case more complex, though. For example, the defense might try to argue that their client should pay you less because you’re an undocumented worker. This is why you need a personal injury attorney who knows your rights as an immigrant filing a personal injury lawsuit.

Should You Accept a Personal Injury Settlement?

Sometimes, the party responsible for your accident might offer you a settlement check in hopes of avoiding a costly lawsuit. This relieves some immigrants because they would likely rather avoid court, too.

But it’s rarely wise to accept the initial settlement offer. The other party doesn’t want to pay you a penny more than they have to. By taking the settlement, you might be missing out on compensation that’s far higher.

The true value of your personal injury case could be worth much more than you think. This additional compensation goes a long way toward paying for medical bills, physical therapy, surgery, and other treatment you need.

The initial settlement also seldom offers enough compensation for your pain and suffering. If you’re feeling depressed after your accident because you can no longer work, for instance, how much is that worth?

Don’t leave it up to the other party to decide. A personal injury lawyer fights aggressively to demonstrate how much your claim is worth.

Law Offices of James A. Welcome Fights for Your Rights as an Undocumented Immigrant

Accident-related costs can add up fast, and medical bills aren’t the only problem you’ll face after an injury. You may need a few weeks or longer to recover if you’re too hurt to work. You might also wonder how you’ll find new employment if you’re an undocumented person with few job opportunities.

But this accident doesn’t need to ruin your future. The Law Offices of James A. Welcome has more than 18 years of experience handling personal injury cases for immigrants just like you. Contact our team at (203) 753-7300 to learn what to expect as an undocumented immigrant filing a personal injury lawsuit today.